Summary
The applicant, a 57-year-old employee of a defense contractor, faced security concerns under Guideline F due to financial difficulties stemming from unemployment and medical issues. The applicant successfully mitigated these concerns by demonstrating responsible actions, including a Chapter 7 bankruptcy that discharged her debts. The judge granted the applicant's security clearance based on the totality of circumstances and the whole-person concept.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant denies that she was subject to a judgment to Creditor A in the amount of $9,180 (1.a). Applicant denies that she was indebted to Creditor B for a past-due debt in the amount of $2,973 (1.b). Applicant admits that she was indebted to Creditor C for past-due medical debts in an amount totaling about $34,085 (1.c). Applicant denies that she was indebted to Creditor E for a past-due debt in the amount of $544 (1.e). Applicant denies that she was indebted to Creditor F for a past-due debt in the amount of $181 (1.f). Applicant denies that she was indebted to Creditor H for a past-due debt in the amount of $105 (1.h). Applicant denies that she was indebted to Creditor I for a past-due debt in the amount of $103 (1.i).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant's financial difficulties were largely due to circumstances beyond her control, including unemployment and medical issues; The applicant resolved her debts through a Chapter 7 bankruptcy, demonstrating responsible financial management; The applicant has held a security clearance for over 12 years without violations and is well-respected in her workplace.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond her control, including unemployment and medical issues.
- The applicant resolved her debts through a Chapter 7 bankruptcy, demonstrating responsible financial management.
- The applicant has held a security clearance for over 12 years without violations and is well-respected in her workplace.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedIndividual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The administrative judge’s over-arching adjudicative goal is a fair, impartial and commonsense decision.”
Procedural Posture
- SOR issuedMar 31, 2015
- Answer filedMay 21, 2015
- Hearing heldSep 17, 2015
- Decision dateDec 16, 2015
Cite For
- Mitigation of Financial Difficulties Under Guideline F Due to Unemployment and Medical Issues
- Successful Resolution of Debts Through Bankruptcy as a Mitigating Factor
- Whole-person Concept Applied in Security Clearance Decisions